NEBRASKA LEGISLATORS, IN A RARE MOVE, REJECT HIRING BY A STATE AGENCY

LINCOLN- Last Wednesday, in a move not often used by the Nebraska Legislature, state lawmakers voted to reconsider, and ultimately reject, a state agency appointment--the hiring of Jason Hayes as the new director of the Nebraska Public Employees Retirement Systems. Prior to being struck down by the Legislature, Hayes had been previously approved by the governing body of the agency, as well as Gov. Pillen and the Legislature's own Retirement Systems Committee.

Hayes currently works as a lobbyist for the Nebraska State Education Association, and was slated to replace Randy Gerke, who is retiring from the director position. Sen. Danielle Conrad, on Wednesday, asked that the vote on Hayes' hiring be reconsidered, believing that additional consideration and questioning were necessary to confirm Hayes due to the "compressed nature" of the 2023 legislative session, and because there were concerns arose about the confirmation last week.

Conrad's call for reconsideration prompted a drawn-out debate about the work experience and qualifications of Hayes, with Sen. Linehan, who had previously scrapped with the teachers union this year over school choice, raising questions about Hayes' ability to run the 56-employee public retirement agency. "I just don't like how quickly this came up," said Linehan. Sen. Mike McDonnell, chair of the Retirement Committee, defended Hayes. "I think the process was fair, and his qualification and experience are outstanding," he said, "We should not change our votes." Despite these pleas, the Legislature voted 20-14 to approve the confirmation, which was five votes short of the majority needed to advance it.

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RURAL NEBRASKA FACES OUTSIZED IMPACT OF GOVERNOR'S BUDGET VETOES

NORTH PLATTE- Following the Legislature's decision to uphold two of Gov. Pillen's several vetoes, many in western Nebraska expressed despair at the potential impacts. Just over two weeks ago, Gov. Pillen struck down a second year of increases in Medicaid reimbursement rates and millions of dollars earmarked to build Rural Workforce Housing. Dr. Jed Hansen, executive director of the Nebraska Rural Health Association, called the upheld vetoes a "gut punch."

According to Dr. Hansen, all of Nebraska's hospitals and nursing homes will be negatively impacted by the governor's decision, but especially those situated in more rural or remote parts of the state, where more than 60% of hospitals operated at a deficit last year. "So, the narrative the governor had used, that hospitals were better off financially coming out of the pandemic, just wasn't true," asserted Dr. Hansen, "And [that] especially wasn't true for our rural hospitals."

Johnathan Hladik, policy director for the Center for Rural Affairs, echoed a similar sentiment for the lack of Rural Workforce Housing funding, calling it the "number on workforce issue" plaguing rural Nebraska. Hladik went on to state that, because of the high cost of building in rural areas, developers will not start such projects on their own without funding from the government, which the governor vetoed. Dr. Hansen also stated that felt betrayed by the vetoes. "We feel that those areas--mental health, maternal care, family care--have been important to [Gov. Pillen]," said Hansen, "He's expressed that those are values that are important to him. And this veto, we just feel, doesn't line up with that."

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LINCOLN SEN. DANIELLE CONRAD SAYS DIVIDED LEGISLATURE DAMAGED, BUT NOT BROKEN

LINCOLN- Following a particularly tumultuous and bitter legislative session, Sen. Danielle Conrad stated that she believes the Legislature, despite its recent challenges, is divided but not fully broken, and that it hasn't been irreparably damaged by the sharp party divides, the onslaught of filibusters, or the weary late-night sessions. "Very few senators was a repeat of the 2023 session," said Conrad, "We have nowhere to go but up and to go up together."

Conrad acknowledged that the sharpest divisions, and perhaps the ones that bent the legislature the most this year, concerned human rights, especially those related to "parental rights and access to medical care." Despite the division created by bills like LB574, Sen. Kauth's controversial gender-affirming care ban, Conrad believes that, because of Nebraska's unique non-partisan, one-house Legislature, personal relationships will be mended as lawmakers inch closer towards the 2024 session.

Indeed, because of its nonpartisan nature, Conrad sees the Legislature as a "firewall from the most radical politics," and believes it serves as "a moderating force" at a time when national politics have launched into an explosive battleground. "Nebraskans are right of center," acknowledge Conrad, "but not interested in partisan dysfunction." Despite the painful and challenging 2023 legislative session, Conrad believes it will be an outlier in Nebraska's history, and will not become the norm.

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AS NEBRASKA STATE SENATORS HEAD HOME, ONE HEADS TO THE BATTLEFIELD IN UKRAINE

LINCOLN- Following a brutal, bitter, and grueling legislative session, Nebraska lawmakers are headed to their homes around the state. However, one lawmaker, Sen. Tom Brewer, a decorated military veteran, is headed straight for the battlefields of Ukraine, a trip that the senator has already made two times previously. Brewer, who is nearing his 65th birthday, figures he can help despite his age. "You go through life and you have skills, and things you've learned," he said, "And you want to use those skills until you physically can't anymore."

Brewer, just as the last few times he went to Ukraine, hopes that a visiting American and former soldier will help boost morale in the war-ravaged county. A veteran of the war in Afghanistan, Brewer also hopes to offer counsel both in the realms of strategy and the use of military equipment. "I was of less value to the last year when they were using Russian equipment," said Brewer, "Now, they're using systems I know. I know the Bradley fighting vehicle, I know the Abrams tank, I know the Stryker armored vehicle."

Brewer left Nebraska last Saturday, and arrived in Ukraine on Sunday. Just as before, Brewer is set to dole out Bibles to wounded soldiers, and was also given personal items by Ukrainian refugees in Texas to give to soldiers and loved ones who remain in the country. On top of that, Brewer also brings to the country speech-secure radios, which will help Ukrainian fighters communicate without betraying their positions to Russian forces.

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NEBRASKA RIGHT TO LIFE RESCINDS ENDORSEMENT OF STATE SEN. MERV RIEPE

LINCOLN- Last Thursday, on the final day of the Nebraska Legislature's 108th session, Nebraska Right to Life, a large political action committee seeking to end abortion in the state, rescinded its endorsement of Sen. Merv Riepe after he failed to advance a near-total abortion ban last month. Sandy Danek, executive director of the organization, said she was "caught off guard" by Riepe's lack of action on LB626, Sen. Joni Albrecht's original abortion restriction bill that failed by just one vote.

In an attempt to compromise, Sen. Riepe, a hospital administrator, introduced an amendment to LB626 that would increase the abortion ban from 6 weeks post-fertilization to 12 weeks, but was soundly denied by his Republican colleagues. "His action compromises the integrity of our long-standing and sought-after endorsement process that pro-lifers have relied upon for decades when making voting decisions," said Danek, "Now that he has aligned himself with the 'reproductive freedom' ideology, he no longer qualifies for NRL's political support."

Danek said in a statement that Riepe had sought out an endorsement from the organization when he ran for the Legislature last year, and even checked a survey box from Nebraska Right to Life that indicated that abortion should be legal "in no case." Despite the rescindment, Riepe said that he understood where NRL was coming from, and that he had a "change of heart" after delving into the issue of abortion. Part of this research, according to Riepe, even revealed that the formal name of LB626, the "Nebraska Heartbeat Act," was a misnomer, since the heart of an unborn child does not form until roughly 17 to 19 weeks past fertilization.

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NEBRASKA COMMISSION FINDS 'NO PROBABLE CAUSE' IN COMPLAINT AGAINST STATE SEN. MEGAN HUNT

LINCOLN- On Friday, the Nebraska Accountability and Disclosure Commission announced that it had found no probable cause in an alleged conflict of interest violation filed against Sen. Megan Hunt by Omaha-based attorney David Begley on March 24th. The violation alleged that Hunt had a conflict of interest in the outcome of LB574, which imposed restrictions on gender-affirming care for minors in Nebraska.

Begley, in filing the alleged violation, sought to investigate whether or not Hunt and her son, who is transgender, had a financial stake in the bill's outcome. In an 8-0 vote, the commission found no probable cause to support this allegation. "I'm happy the NADC saw the complaint for the frivolous political attack it was," said Hunt, "What worried me is seeing an increase in these attacks on trans people in this country and the families who love them."

According to the executive director of the NADC, Frank Daley, a conflict of interest that deals with financial benefit must be "reasonably foreseeable," and not based upon "remote, speculative, contingent, or uncertain" assertions. Responding to the ruling, Begley stated that just because a case is dismissed does not make it frivolous. People, according to Begley, can disagree on reasonable foreseeability. LB574, with an abortion restriction amendment attached to it, passed on a 33-15 vote.

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SESSION IN REVIEW: CONSERVATIVES RULED NEBRASKA LEGISLATURE LIKE NEVER BEFORE

LINCOLN- 2023 was a historic year for conservatives within the Nebraska Legislature. Several measures were passed spanning from gun rights to transgender rights. The session was contentious and filled with a significant filibuster. Despite the roadblocks and delays, several conservative laws were passed, unlike any previous session in recent history. A primary reason they experienced success was Gov. Pillen's willingness to converse and work with others.

While having a nearly filibuster-proof majority helps, some democrats pointed to defectors and swing votes which helped conservatives pass major agenda items. Three Democrats in the body, Omaha Sens. Mike McDonnell, Justin Wayne, and Terrell McKinney, provided key votes on conservative priorities. A clear vision also helped the conservative side. Moderate Republicans are becoming more scarce within the body resulting in a clear vision from nearly the top down.

Pillen, despite being knocked as avoiding publicly announced events, worked with state lawmakers more collaboratively. Pillen was instrumental in the passage of a $1 billion education "future fund", which failed in years past. Finally, this year's legislature had plenty of money to spend. Conservatives passed a variety of measures but knew everyone got a chunk if everyone could stick together.

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GOVERNOR PILLEN SIGNS 'TRANSFORMATIONAL' INCOME AND PROPERTY TAX CUT BILLS

LINCOLN- Gov. Jim Pillen signed a pair of income and property tax relief bills into law that he labeled “transformational” and “historic.” The governor signed LB243 and 754 in front of a crowd of supporters from multiple industries. The two measures, along with a third bill making changes to state school aid, are projected to cut or offset more than $6 billion worth of property taxes and income taxes over the next six years.

Pillen claims the new laws will make the state more competitive with other states all while improving life for the daily Nebraskan. “The two bills truly are transformational,” he said. “These bills provide billions, billions — I like to call it bushel baskets and bushel baskets and bushel baskets — of property tax relief, business income tax relief and personal income tax relief.”

LB243 is expected to aid $1.76 billion over six years. LB754 is expected to be about $3.3 billion in changes over six years. LB683 will double the state aid for special education and guarantee $1,500 of state support for every public school student. Gov. Pillen thanked Sens. Linehan, Briese, and Sanders for being instrumental in the tax work this session.

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SENATORS OVERRIDE GUBERNATORIAL VETO OF AUDITOR FUNDS, SUSTAIN OTHERS

LINCOLN- Senators stuck with Gov. Pillen, only overturning one of his line-item vetoes. State Auditor Mike Foley had asked for additional funding, arguing that he was losing auditors to other state agencies because they could offer $20,000 to $30,000 more a year. Pillen originally denied the office the increase in money, but the legislature overrode the governor granting the office an additional $1.2 million.

A large part of the argument on the chamber floor was the delay of audits. The auditor's office has decreased in size from about 60 to 40 employees, largely delaying audits. The vote to override the veto was 31-14 with Sens. Hunt and Fredrickson switching their votes from 'not voting'. Other senators warned overriding any veto could spoil the package of bills that the body passed this year.

Pleas from some senators that the Legislature was a “separate branch of government” and that overriding a gubernatorial veto wasn’t anything out of the ordinary or in any way “personal” didn’t resonate. The body upheld vetoes for an increase in provider rates, workforce housing dollars, a reinstatement of the Court Appointed Special Advocates System, and an increase in wages for legislative staff.

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LAWSUIT CHALLENGES NEBRASKA LAW THAT BANS ABORTIONS AFTER 12 WEEKS, GENDER CARE FOR MINORS

LINCOLN- A legal challenge was filed in the Lancaster County District Court against LB574 declaring it unconstitutional on the basis that it violates Nebraska Constitution's single-subject requirement for legislation. LB574 combines a ban on abortions after 12 weeks and restrictions on gender-related care for transgender youths. In addition to seeking a permanent injunction against the law, the suit asks for a preliminary injunction to stop enforcement of the restrictions while litigation is pending. Attorney General Mike Hilgers has requested the court deny the injunction.

The American Civil Liberties Union and ACLU of Nebraska are representing Planned Parenthood of the Heartland and Dr. Sarah Traxler in the case. Traxler is the chief medical officer of Planned Parenthood North Central States and performs abortions. The bill was only signed into place just over a week ago and has an emergency clause that enacted the abortion language on May 23rd. Gender-related care restrictions are to be effective on Oct.1st.

The lawsuit argues that the Nebraska Constitution’s single-subject requirement is a key element of the state's lawmaking process that, taken with other requirements, promotes careful legislative consideration and ensures that legislators remain accountable for their votes. “Although both components of LB 574 took away Nebraskans’ freedoms, ultimately we are talking about two entirely unrelated subjects: gender-related care for trans youth and abortion access,” said Mindy Rush Chipman, ACLU of Nebraska interim executive director.

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GOV. PILLEN SIGNS 'OPPORTUNITY SCHOLARSHIPS' PROPOSAL INTO LAW

LINCOLN- Gov. Jim Pillen officially signed LB753, also dubbed 'opportunity scholarships'. The bill has been in the works for several years under the wing of Sen. Lou Ann Linehan. “Now when a child in your family or your neighbor’s child or their niece or nephew needs help, you’ll be able to point them in a place where they can find hope,” Linehan said at the bill’s signing.

In its first year, LB 753 would set aside $25 million in tax credits toward scholarships designed to support families of students who otherwise could not attend private schools — a “choice” between public and private schools. The bill sets up a dollar-for-dollar tax credit for individuals or corporations who donate to a “scholarship granting organization” distributing such scholarships for parochial and private schools.

If demand is through the roof, the limit could grow to $100 million in future years. The Nebraska State Education Association has already vowed to work to repeal the law and has laid the groundwork for collecting voter signatures to place the issue on the ballot. Pillen responded to this by saying “Last time I checked, we’re supposed to support every one of our kids so they get the education that they deserve to become an incredible Nebraskan and give back to the state of Nebraska." He also called the $25 million a "drop in the bucket" compared to public schools funding.

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STATE TEACHERS UNION FILES PETITIONS TO REPEAL NEW 'SCHOOL CHOICE' LAW

LINCOLN- The state's teachers union was quick to challenge LB754, a bill allowing generous tax breaks for donations for private schooling. The effort, by a group called “Support Our Schools” and backed by the Nebraska State Educational Association, seeks to place the issue before voters on the ballot in 2024. The group has filed for a ballot referendum to repeal the bill with the Secretary of State's Office.

“Our goal is to give Nebraskans the opportunity to vote to repeal this harmful bill,” said Jenni Benson, the president of the NSEA and a Support Our Schools Nebraska petition sponsor. Public schools, Benson said, educate nine out of 10 kids in Nebraska, and that “strong public schools support a strong Nebraska and a strong economy.” Benson says it will hurt public schools, services, and infrastructure for years to come.

Gov. Pillen and the bill's sponsor, Sen. Linehan, stood their ground and fired back at the union. Linehan said she was “beyond frustrated” by the NSEA’s claims “especially in a year when the Legislature and the governor have created a billion-dollar education future fund and provided another $305 million in annual funding.” Pillen, in a press release, said he was confident that Nebraska voters would reject any attempt to overturn the law. “The NSEA’s attempt to overturn the Opportunity Scholarships Act is an attack on our kids and their educational opportunities,” Pillen said.

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LAWMAKERS PASS REPEAL OF MOTORCYCLE HELMET MANDATE

LINCOLN- Sen. Ben Hansens LB138, a bill that removes the helmet requirement for motorcyclists, advanced thanks to a 41-0 vote. The helmet amendment to LB138 would allow any motorcyclist or passenger over age 21 who has completed a basic certification course by the Motorcycle Safety Foundation to ride without a helmet, starting on Jan. 1, 2024.

Riders from other states could also ride without a helmet in Nebraska if they have taken an equivalent course and carry proof of completion. The bill would require riders and passengers to wear protective glasses or have a windshield on their bikes. The amendment would make helmet law violations secondary offenses, meaning that law enforcement could only ticket riders for helmet violations if they are stopped for some other traffic offense.

The change has been introduced multiple times and has failed each time. The bill would add Nebraska to the list of states that have eliminated or relaxed laws requiring anyone riding a motorcycle to wear a helmet. The Nebraska law has been in place since 1989. It is believed that the state is missing out on major tourism dollars during the motorcycle season as people travel around the state to avoid the helmet requirement.

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NEBRASKA PASSES BILL REQUIRING DYSLEXIA REPORTS, SCHOOL DRESS CODES, TEACHER COMPACT

LINCOLN- This week, state senators gave approval to LB298 which merged K-12 education proposals, tracking dyslexia, clarifying school dress codes and streamlining hires of teachers from other states. Amongst the supporters were Sens. Linehan and McKinney who both expressed they were pleased with the passage of the bill. Linehan also nodded to the bill’s language from a multi-state compact that could make it easier for Nebraska school districts to hire teachers from other states participating in the compact.

Reporting of dyslexia has been a multi-year push from Sen. Linehan. Dyslexia is a specific learning disability that blunts a child’s ability to read. Schools struggle to diagnose some dyslexic students because they perform well in other subjects, she said. The reporting aims to identify students that will then be provided with targeted instruction to ensure the child does not fall behind.

The bill also requires K-12 school boards to adopt written student dress codes and policies for student grooming, part of a proposal McKinney said he aimed at fairness and predictability. McKinney said some schools and school districts have been inconsistent in applying and interpreting dress codes, which has left some students, often students of color, feeling targeted.

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NEBRASKA'S GAMING REGULATORS INCREASE FROM 3 TO 18 IN A YEAR

LINCOLN- Following the overwhelming voter approval of casino gambling in 2020, two casinos are open with additional locations on the horizon. "The Racing and Gaming Commission in the state of Nebraska is trying as quickly as we can to get up all aspects of gaming," Nebraska Racing and Gaming Commission Executive Director Tom Sage said. Doing that means making sure the correct regulations and regulators are in place and well functioning.

Casey Ricketts, the director of compliance for the commission, said she tracks each and every machine that comes into the state. "Prior to any casino opening. We have to verify all the software and all the machines," Ricketts said. Part of that vetting is the opening of the software box on the machine itself. "No seal can be broken without a racing and gaming commission official present," Ricketts said.

She said it's time intensive for a regulatory agency that last year at this time had only three full-time staff. "Currently, we have right around 18 employees. I believe that's not near enough," Sage said. Sage said when Columbus opens, there will be about 1,000 slot machines in the state. But as Omaha and other casinos open, they could be several thousand, as well as table games and sports wagering. Ricketts believes 50-60 people will be needed to ensure all machines are checked and running in a timely matter. As the casino market grows in Nebraska, so must the regulator pipeline.

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LAWMAKERS PASS BILL REQUIRING GAS STATIONS SELL FUEL WITH 15% ETHANOL

LINCOLN- Lawmakers voted 46-0 on the passage of LB562 which will soon require local gas stations to offer fuel blended with up to 15% ethanol. In earlier rounds of debate, lawmakers had concerns about government overreach, but in the final round, not a single senator spoke. Ethanol makes up the largest percentage of corn usage in Nebraska's agricultural industry. The Nebraska Corn Board believes the state can produce 2 billion gallons of fuel.

State Sen. Myron Dorn said during an earlier round of debate, Nebraska is ranked near the bottom of the nation in ethanol usage, with much of its ethanol being exported to other states. Nebraska ranks second in ethanol production. Dorn, who introduced LB 562, said requiring 15% ethanol fuel to be offered at gas stations will benefit the farmers who produce the fuel.

Many gas stations already use and offer gasoline with up to 10% ethanol, claiming that this new requirement is practically a government mandate. Sen. Steve Halloran of Hastings said he did agree that the bill is a mandate — but still supported it as a conservative because it will help Nebraska’s biggest industry and will give drivers more choices at the pump. The bill exempts businesses that would need to spend more than $15,000 to make the changes.

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GOV. JIM PILLEN ANNOUNCES PICK FOR ADJUTANT GENERAL OF NEBRASKA NATIONAL GUARD

LINCOLN- With more than 35 years of military experience, Brig. Gen. Craig Strong is poised to be Nebraska's next adjutant general of the Nebraska National Guard. Strong is set to succeed Maj. Gen. Daryhl Bohac. The role oversees three sectors: the Air National Guard, Army National Guard, and the Nebraska Emergency Management Agency. Gov. Pillen announced strong at a press conference late last week.

Pillen read a letter from Strong where the brigadier general wrote that service in the Nebraska National Guard is a “value-added proposition that builds exceptional citizens with personal values grounded in the ethos of duty, honor and selfless service.” Strong has a master’s degree in economics and another in strategic studies from the U.S. Army War College. Strong also has a degree from the Nebraska College of Law.

Strong, a fifth-generation Nebraskan, thanked Bohac for his guidance, which “always epitomized what it is to be a truly ethical, servant leader.” A major goal will be to secure a “future pipeline” of soldiers and airmen “looking to be part of something that is truly bigger than themselves", said Strong. Strong also received high praise from Sen. Brewer, a decorated veteran himself.

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NEBRASKA LAWMAKERS INTRODUCE RESOLUTION TO ENCOURAGE WASHINGTON, D.C. STATEHOOD

LINCOLN- Two Nebraska lawmakers are pushing to make Washington D.C. the nation's 51st state. LR146 introduced by Lincoln State Sens. Danielle Conrad and George Dungan, would urge Nebraska’s congressional delegation to support statehood for the nation’s capital if passed by the full Legislature. This would be a non-binding encouragement to U.S. Reps. Mike Flood, Don Bacon and Adrian Smith and U.S. Sens. Deb Fischer and Pete Ricketts.

Conrad said she is pushing for the motion to increase democracy and equality. “I think that each state has a part to play, as do our federal representatives to try and correct a historic wrong in regards to the legal status of the residents in our nation’s capital,” said Conrad. Washington D.C. only has one non-voting delegate in the House and no representation in the Senate.

The U.S. House has passed two historic resolutions in support of D.C. statehood, for the first time in June 2020 and again in April 2021. Bacon and former U.S. Rep. Jeff Fortenberry voted against both, while Smith voted against it in 2020 but did not vote on the 2021 resolution. A vote has not been held under Flood's time in office and has never made it to the Senate for Fischer or Ricketts.

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HEAVY RAIN LEADS TO FLOODING IN SOUTHWEST NEBRASKA

McCOOK- Heavy rains triggered flash flooding in the southwest portion of Nebraska leading to highway closures and closures of a state park. McCook, in Red Willow County, had officially received more than 6 inches of rain as of 1 p.m. on May 26th, according to the National Weather Service, which issued a flash-flood warning for the northwestern part of the county. 

The weather service said U.S. Highway 83 south of McCook was underwater. There were reports of more than 7 inches in Wauneta in Chase County. The Sheriff's Office also reported that a bridge was out on Max-Wauneta road, which runs north and south between the two towns. In Hayes County, the Nebraska Game and Parks Commission temporarily closed the Frenchman Wildlife Management Area north of Palisade on Friday. 

The water is expected to lower over the coming days, but reconstruction will be needed in multiple areas. The state park is not expected to be severely damaged as the entry road took the majority of the blow. "These conditions are dangerous for guests, as well as Nebraska Game and Parks employees," the press release said.

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DOUGLAS COUNTY BOARD BACKS ESTIMATED $33 MILLION MENTAL HEALTH UNIT ADDITION TO OMAHA JAIL

LINCOLN- The county jail in downtown Omaha received approval to build a mental health treatment unit as well as further approval for a new Community Mental Health Center. The County Board voted at their latest meeting to direct county staff to initiate a capital improvement project for building the addition to the Douglas County Jail, 710 S. 17th St. This process begins the search for contractors and architects before requiring more approval from the board.

First estimates put the cost of the building at $33 million with an unknown number for adequate parking. The money would come out of the $50 million in American Rescue Plan Act funds that the County Board earmarked for mental health projects. The addition is meant to address the chronic and growing problem of large numbers of people with mental illness in the Douglas County Jail, often with misdemeanor offenses.

The vote was 5-2. Roger Garcia and Maureen Boyle joined Morgan, Friend and Cavanaugh in voting yes. Mary Ann Borgeson and Chris Rodgers voted no. Borgeson said people had missed the point of putting the two facilities near each other, which she said was to better serve the population that county jail and mental health staff already jointly serve.

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